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Spamalot

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Spamalot last won the day on June 22 2009

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  1. Thanks Andy, Not sure how I would find that out.. NOA says 'Assigned and transferred By Barclaysharks to MKDP' and the 'effective owners of the alleged account are now MKDP' Witness Statement from MKDP states, they are debt purchasers and authorised and regulated by FCA. Nowhere does it say all rights and title to alleged debt belong to MKDP. It all gets rather confusing... If they don't own it absolute do they have the right to enforce at court... if they do own it absolute why are Barclaysharks still holding the paperwork?
  2. .... and there's more... Have just discovered in my abundance of reconstituted agreements sent by MKDP, a covering letter from Barclaycard to MKDP.... methinks I shouldn't have seen this... ... it was sent in March of this year and states... please find enclosed documentation under s78 of the CCA1974 for our mutual client as requested. a) how am I a mutual client if the one and only account I am supposed to have with them has been 'assigned' in its entirety to MKDP since 2011 b) why are Barclaysharks supplying reconstituted agreements of accounts they no longer own? Also on t
  3. Congratulations! I have the pleasure of fighting a similar battle with MKDP in a few weeks time, I hope my DJ proves to be as knowledgeable as yours. Well done, Spam
  4. Just tidying up my Witness statement exhibits when I noted that the signature on my copy of the alleged NOA from Barclaysharks and the signature on the copy of the NOA sent by MKDP are completely different and therefore obviously been 'invented' by them. Not sure whether to admit receipt of NOA and point out the attempted fraud, or go with not having received one... either way the NOA should be flung out because there's no proof that Barclaysharks were assigned the alleged agreement from MSDW in the first place and the amount includes unlawful charges so is therefore inaccurate .....just
  5. Thanks Andy. Amazingly I have received a reply to my part 18 request! They are obviously as daft as I am They have basically answered every question with 'don't know, ask Barclaycard' apart from:  'How was the figure on the Notice of assignment calculated' Where the reply was, 'The claimant submits that the balance would be the balance on the account when Barclaycard closed the account. In the event there is a discrepancy between what the Defendant believes the figure to be, this may be due to the fact that interest and charges have been applied to the account, which Barcl
  6. Silly Question time.... If the POC states that the original Lender was Barclaycard and they are now saying that the original lender was MSDW, do they have to apply to vary the POC?
  7. There's nothing extra.... it"s just Day date time place of hearing, they say it should take no longer than 90 mins. Date given for delivery of docs to all parties and payment of fees. Original Docs to be brought to hearing. That's it. No other directions. Very short and sweet.
  8. Not sure to be honest! I put in a holding defence online at MCOL which was as follows... (probably one of yours Andy ) Defence In response to the particulars of claim. 1. It is denied that there is a ‘…regulated agreement originally between the Defendant and Barclaycard and it is denied that any monies are due as alleged by the claimant MKDP LLP. 2. It is denied that a legal notice of assignment has been served and the claimant is put to strict proof thereof. 3. It is further denied that any default notice has been served by either Barclaycard or the Claimant pursua
  9. Have already done that with MKDP, and also Barclaycard previously thanks Andy... neither threw up any assignments etc. and I'm pretty sure that what I'm asking for doesn't exist. May have to hope the DJ requests the info at the hearing In June. Should be able to cast enough doubt on their 'legal ownership' and the amount claimed in my witness statement. Fingers crossed!
  10. ah.. right... Cheers Andy. Is there any other way I can get this information?
  11. Have today sent off a Part 18 request to ruffle their feathers a bit more. PART 18 - REQUEST FOR FURTHER INFORMATION To: MKDP LLP (claimant) Please answer the following questions: 1. On what date was the alleged agreement assigned from MSDW to Barclaycard? 2. What was the amount assigned? 3. Does the amount assigned include charges? If so how much? 4. Was a notice of assignment sent? If so, where to and how? ( e.g. Royal Mail first class, special delivery/ recorded delivery) 5. On what date did Barclaycard issue a card and where did they send it? 5. Does the amount cla
  12. Further to the above.... MKDP have stated that they don"t have a copy of the original agreement and that they don"t need it for court, and that if I want a copy of the assignment between MSDW and Barclaycard I need to ask Barclaycard for it as it has nothing to do with them. Their responses seem a bit baffling to me.
  13. They have sent pages and pages of Morgan Stanley terms and conditions which states it is a copy of the agreement, and another A4 sheet with my name and address on top and a text box about my right to cancel underneath. I am not able to upload any pictures/scans from my laptop at this stage, but it is general run of the mill T&C's. Nothing outstanding. I have again requested a copy of the original signed properly executed agreement Under CPR 31.14, quoting point 4 of the summary of findings Carey V HSBC, and also copies of the alleged assignment from MSDW to Barclaycard, as they h
  14. Many thanks for that SabreSheep.. It has saved me a massive amount of head scratching...
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